Zita Nathanson vs. Etta Dean Nathanson as Executrix

Bert Z. Tigerman

Case Conclusion Date:August 19, 1974

Practice Area:Probate

Outcome:Changed Calif. law re filing of claims in probate.

Description:Supreme Court decision changed law in California as to what constitutes a claim in a probate proceeding. Prior case law held that anything that put the estate on notice within the time for filing claims was a timely claim that could later be 'amended' to add sufficient facts. Here Supreme Court held that it was claimants burden to file a statuatory form; that anything else left too much room for confusion and was bad for the timely administration of estates. The California legislature subsequently amended the Probate Code to conform to the Courts ruling.